- 51 - attributable to negligence or disregard of rules or regulations. Negligence is a "lack of due care or a failure to do what a reasonable person would do under the circumstances." Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo. 1991-179. Negligence also includes any failure to make a reasonable attempt to comply with the provisions of the Code, exercise reasonable care in return preparation, keep proper books and records to properly substantiate items, or have a reasonable basis for a position taken. See sec. 6662(c); sec. 1.6662- 3(b)(1), Income Tax Regs. In determining whether petitioners were negligent in the preparation of their returns, we take into account their business experience. See Glenn v. Commissioner, T.C. Memo. 1995-399, affd. 103 F.3d 129 (6th Cir. 1996). An exception to imposition of the negligence penalty is provided if it is shown that there was a reasonable cause for the understatement and the taxpayer acted in good faith. Petitioners bear the burden of proving that they are not liable for the penalty under section 6662(a). See Bixby v. Commissioner, 58 T.C. 757, 791 (1972). Petitioners' primarily argue that, because Raymond "never believed he was involved in a trade or business", they are not liable for the accuracy-related penalty. To the contrary, Raymond did know that he bought, sold, and traded sportsPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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